High CourtsSingle Bench(2015) 07 MAD CK 0027

J.B. Malhotra vs Shankar Mohan

Madras High Court · Decided on 22 July 2015 · Citation: (2015) 2 MadWN(Civil) 708

HON’BLE JUDGES
Mr. M. Duraiswamy, J.
RESULT
Disposed Off
CASE NUMBER
C.R.P. (PD).Nos. 2925 and 2926 of 2015 and M.P. Nos.1 and 1 of 2015

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Judgment

7 paragraphs · 308 words

Mr. M. Duraiswamy, J.—The plaintiffs in O.S. No.350 of 2015 has filed the above Civil Revision Petitions challenging the orders passed in I.A. Nos.490 & 491 of 2015 on the file of the Principal District Munsif Court, Alandur.

2.

The plaintiffs filed the suit in O.S. No.350 of 2015 for declaration and permanent injunction.

3.

In the said suit, the plaintiffs took out two applications viz., I.A. Nos.490 & 491 of 2015 under Order 39 Rule 1 & 2 of the Civil Procedure Code praying for interim injunction.

4.

Mr. P. Valliappan, learned counsel for the petitioners submitted that the respondents entered caveat and for this reason, the trial Court has not granted any interim order in the applications. Their filing of the caveat under Section 148 A of the Civil Procedure Code is only to put the respondents on notice prior to passing any interim order in the applications. Mere filing of caveat petitions shall not stand in the way of the Courts exercising its discretionary jurisdiction. Further, the learned counsel also submitted that though the applications were filed in April 2015, till this date, the trial Court has not disposed of the applications.

5.

Having regard to the submissions made by the learned counsel for the petitioners, I am of the view that the trial Court should be directed to dispose of the applications within a stipulated time.

6.

In these circumstances, without going into the merits of the case, I direct the Principal District Munsif Court, Alandur, to dispose of the applications in I.A. Nos.490 & 491 of 2015 in O.S. No.350 of 2015, on merits and in accordance with law, within three weeks from the date of receipt of a copy of this order.

7.

With this observation, the Civil Revision Petitions are disposed of. No costs. Consequently, the connected miscellaneous petitions are closed.